New York Law (NYLE) Practice Exam

What qualifies as negligence per se in legal terms?

1. Violation of any law

2. A violation of a Department of Health regulation requiring inspections of public swimming pools

3. A minor breach of safety regulations

4. Only actions that cause direct harm to another

The correct answer is: A violation of a Department of Health regulation requiring inspections of public swimming pools

Negligence per se occurs when a defendant's actions violate a specific statute or regulation that is designed to protect a particular class of individuals from a specific harm. In this context, a violation of a Department of Health regulation that mandates inspections of public swimming pools exemplifies a situation where the law aims to ensure public safety and welfare. When such a regulation is breached, it establishes a prima facie case of negligence because the law is meant to prevent the kind of harm that occurred—often in this case, preventing injury or illness at a public swimming pool. This scenario illustrates the underlying principle that when a defendant violates a law that is intended to protect individuals and that violation leads to the type of harm the law sought to prevent, negligence is established without needing to prove the traditional elements (duty, breach, causation, and damages) in the same way. Thus, violating a specific regulation like the one concerning public swimming pools fits neatly into the definition of negligence per se. Other choices do not meet the criteria for negligence per se because they either involve general violations that lack a specific safety standard aimed at protecting a certain group or do not directly relate to the established legal standards necessary to establish negligence. For example, mere violations of any law or minor breaches